Third District Court of Appeal

State of Florida 

Opinion filed February 22, 2023.

Not final until disposition of timely filed motion for rehearing.

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No. 3D22-602

Lower Tribunal No. 20-20865

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Christopher Ron, etc.,

Appellant,

vs.

Evelyn Parrado, et al.,

Appellees.

An Appeal from a non-final order from the Circuit Court for Miami-Dade 

County, Valerie R. Manno Schurr, Judge.

Montesino Law, and Armando A. Montesino, for appellant.

Omar K. Ibrahem, P.A., and Omar K. Ibrahem, for appellee Evelyn 

Parrado.

Before EMAS, HENDON and MILLER, JJ. 

PER CURIAM.
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Christopher Ron, individually, and derivatively on behalf of Spectrum 

Image, Inc., appeals from the trial court’s order granting appellee Evelyn 

Parrado’s motion to compel arbitration of their disputes. We find no merit in 

the claims raised by appellant, and affirm. See Lowe v. Nissan of Brandon, 

Inc., 235 So. 3d 1021, 1026 (Fla. 2d DCA 2018); (“[I]f the parties execute 

two separate contracts and only one contract contains an arbitration clause, 

the parties cannot be compelled to arbitrate disputes arising from the 

contract that does not call for arbitration. The exception is where the 

contract with the arbitration clause incorporates by reference the 

contract which does not contain an arbitration clause, such that the 

latter could be interpreted as part of the [former] contract.”) (citations 

and quotations omitted) (emphasis added); Airbnb, Inc. v. Doe, 336 So. 3d 

698, 705 (Fla. 2022) (explaining that “because Airbnb's Terms of Service 

incorporate by reference the AAA Rules that expressly delegate arbitrability 

determinations to an arbitrator, the agreement clearly and unmistakably 

evidences the parties’ intent to empower an arbitrator, rather than a court, to 

resolve questions of arbitrability”); compare St. Augustine Pools, Inc. v. 

James M. Barker, Inc., 687 So. 2d 957, 958 (Fla. 5th DCA 1997) (finding that 

general contract with arbitration provision was not incorporated by reference 

into parties’ separate contract: “This Agreement is subject to the General 
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Contract between the Owner and General Contractor. Subcontractor 

acknowledges that he is familiar with the General Contract and the General 

Conditions thereof and agrees to comply with all applicable provisions 

thereof.”) (emphasis added) with Lowe, 235 So. 3d at 1026 (finding that a 

purchase agreement incorporated by reference a separate, agreement to 

arbitrate: “If you have executed an Arbitration Agreement in conjunction with 

this Agreement such Arbitration Agreement shall be incorporated herein by 

reference and made a part of this Agreement.”) See also Careplus Health 

Plans, Inc. v. Interamerican Med. Ctr. Grp., LLC, 124 So. 3d 968, 971 (Fla. 

3d DCA 2013) (“Whether an arbitration clause requires arbitration of a 

particular dispute depends on the intent of the parties to the contract”) 

(quoting Seifert v. U.S. Home Corp., 750 So. 2d 633, 636 (Fla.1999)). See 

also Cabrera v. Cabrera, 987 So. 2d 753, 755 (Fla. 3d DCA 2008) (“The trial 

court's active participation in the proceedings supports our conclusion that 

there is no appearance that the trial court did not exercise its independent 

judgment when entering the final judgment in the instant case”) (citing Perlow 

v. Berg–Perlow, 875 So. 2d 383 (Fla. 2004)).